Still in the dark: When will web links to virtual hearings at NCLAT, four Benches of NCLT be available to journalists, public?

The Supreme Court's recent observations on the importance of court reporting once again brought to the fore discussions on the value of open courts as a means to ensure transparency and accountability of our adjudicatory institutions..And at a time when courts and quasi judicial bodies are functioning virtually, the oft quoted observation that “sunlight is the best disinfectant” have never been more significant..While some courts and tribunals, including the apex court itself, have embraced this notion wholeheartedly, the proceedings before some of these bodies remain inaccessible to the public..Take for example, the hearings before the National Company Law Appellate Tribunal (NCLAT) and four Benches of the National Company Law Tribunal (NCLT), which continue to remain far from sunlight, given the lack of access to virtual hearings.This has left journalists and other stakeholders in the dark about the proceedings before these fora..In November last year, the Central government had told the Delhi High Court that it would open its proceedings to all by providing web links to the video conference hearings in the cause list.This assertion was made in a petition filed by Advocate Deepak Khosla to make virtual hearings before NCLTs and NCLAT open to the public, including lawyers who are not involved in the cases being heard by the tribunals.Additional Solicitor General Chetan Sharma had submitted, “I think the apprehension stands addressed. NCLT has allowed (all entry to) hearing. There is a common link in the cause list.".NCLT virtual hearings open for all, link given in the cause list: Centre informs Delhi High Court.Fast forward eight months, and the NCLTs at Mumbai, Bengaluru, Kochi and Gauhati Benches still do not provide video links to their hearings. When it comes to NCLAT, neither the Principal Bench at Delhi nor the Chennai Bench provides video links..Journalists who cover the NCLT and NCLAT rely on incomplete accounts and facts from lawyers and parties present at the virtual hearings to, leading to grey areas in reporting.A journalist from a leading news organisation threw light on the implications of the resultant information asymmetry.“These tribunals deal with huge amounts of money and the orders passed have significant impact on the financial and economic scenario of the country and on the pockets of the general public. The Insolvency and Bankruptcy regime and laws of the country are directly impacted by the NCLT and NCLAT judgments and are still in their infant stage. It is predicted that it might take up to ten years for any concrete principle to be formed. In such a scenario, it becomes vital for enterprises, stakeholders, shareholders etc. to keep track of even the observations made by these tribunals on filings by companies etc,” he said..Given the types of matters heard by these tribunals, these hearings also impact the markets significantly. As one journalist points out, parties present at the hearing could come in possession of additional knowledge of the market that the public might not have.“It is virtually like having insider information and can be even be equated with insider trading by the cynics. Not only big businesses stand to lose by this haphazard system but also the public who are creditors or stakeholders in banks and companies should know the management of their funds. When such hearings take place without access to public, it breeds suspicion and mistrust among the investors,” a scribe said..In a bid to remove the barriers to access to justice and to increase transparency, the High Courts of Gujarat and Karnataka are experimenting with livestreaming of court proceedings on YouTube. Many High Courts across the country provide web links to their hearings that take place on other video conference platforms.The Supreme Court also recently came out with an app for journalists to provide them access to virtual hearings..It is perhaps time that quasi judicial bodies like the NCLT Benches and the NCLAT take a leaf out of our higher judiciary's book..Given these developments, and seeing as how people today largely consume information through digital means, the words of the Supreme Court assume significance."Now people are more digital-oriented and hence look to the internet for information. Hence, it would do no good to prevent a new medium to report proceedings. Constitutional bodies will do better than complain about this."